Can you file a civil lawsuit for assault in North Dakota if you didn’t go to the hospital?

Short answer: Yes. Not going to the hospital does not automatically prevent you from filing a civil lawsuit for assault in North Dakota. However, medical records often strengthen a case, so you should preserve other evidence and act promptly.

Detailed answer — what matters for a civil assault claim in North Dakota

This section explains the legal concepts and practical steps a person with no legal background should know. This is educational information and not legal advice.

1. Criminal vs. civil claims

There are two different tracks after an assault. The state can bring criminal charges (prosecutor files charges) and you can bring a civil lawsuit (a private claim seeking money or other relief). The two are independent: a criminal case can proceed without a civil suit, and vice versa. A criminal conviction can help a civil claim, but it is not required to win in civil court.

2. What you must prove in a civil assault or battery case

In North Dakota civil law, assault and battery are intentional torts. In general you must show, by a preponderance of the evidence, that:

• The defendant acted intentionally or recklessly;
• The defendant’s actions caused you to reasonably fear imminent harmful or offensive contact (assault) or the defendant actually made harmful/offensive contact (battery); and
• You suffered some harm or loss as a result (physical injury, medical bills, lost wages, emotional distress, etc.).

Even if you did not go to the hospital, you can still prove those elements using other evidence described below.

3. Does not going to the hospital hurt your case?

Not automatically. Medical records are strong objective evidence of injury, but other evidence can prove your claim:

• Photographs of injuries (bruises, cuts) taken soon after the incident;
• Witness statements or contact information for people who saw the assault;
• Police report or incident report (if police were notified);
• Statements, texts, emails, or social media messages from the defendant admitting conduct or threatening you;
• Pay stubs or employer statements showing lost time at work;
• Later medical records (you can seek medical care after the assault; courts allow later treatment records to show injury and causation); and
• Your own written, dated record describing the incident, pain, and effects on daily life.

Courts consider the totality of evidence. Lack of immediate medical care may raise questions about the severity of injury or causation, but it does not by itself bar a claim.

4. Timing — act promptly

Every state limits how long you have to start a lawsuit. In North Dakota, limitation periods and related rules are set out in the North Dakota Century Code. You should check the applicable statute of limitations in chapter 28 of the North Dakota Century Code and speak with an attorney quickly so you do not miss deadlines: North Dakota Century Code (N.D.C.C.).

5. Where and how to file

Civil assault and personal injury claims are usually filed in state district court in the county where the defendant lives or where the assault happened. A court clerk or an attorney can explain local filing rules, filing fees, and required forms. Small claims court may handle minor monetary disputes, but serious assault claims typically proceed in district court.

6. Possible damages

If you win, you may recover compensatory damages such as medical expenses (past and future), lost wages, and compensation for pain and suffering or emotional distress. In some cases where the defendant’s conduct was especially malicious, punitive damages may be available under state law. Documentation of your harm increases the likelihood of recovering full damages.

7. Practical steps to preserve and build your claim (if you didn’t go to the hospital)

1. Document the incident in writing immediately: date, time, location, what happened, and names of witnesses.
2. Take dated photographs of physical injuries and the scene.
3. Get witness contact information and, if possible, written witness statements.
4. Report the incident to police and keep a copy of the report.
5. Seek medical attention as soon as practical — you can and should get examined even if you felt OK initially. Later medical records help show injuries and causation.
6. Preserve any physical evidence (clothing, objects) and electronic evidence (texts, social posts).

8. Interaction with criminal cases and protective orders

If a criminal prosecution is pending, consult an attorney about timing and strategy. You may also be able to seek a protective order or restraining order in separate court proceedings.

9. When to talk to an attorney

Talk to a civil attorney if you are considering a lawsuit, have questions about damages, or need help preserving evidence. Many attorneys offer free or low-cost initial consultations and can explain whether your evidence is likely to support a claim under North Dakota law.

Helpful hints

• Do not delay preserving evidence. Memories fade and physical evidence degrades.
• Even if you didn’t seek immediate medical care, get a medical evaluation; late treatment is admissible.
• Make and keep copies of everything: photos, texts, police reports, pay stubs, and your written account of the incident.
• If you feel unsafe, call the police and consider seeking a protective order quickly.
• Ask about an initial consultation with a personal injury or civil attorney. They can assess damages, likely costs, and whether your case might settle or proceed to trial.
• Look up the relevant North Dakota statutes and court rules at the official site: https://www.legis.nd.gov/cencode.

Final notes and disclaimer

This article explains general legal concepts under North Dakota law and provides practical steps you can take after an assault. This is educational content only and does not constitute legal advice. For advice tailored to your situation and to learn specific deadlines and procedures, consult a licensed attorney in North Dakota.